By Greenberg, Carter H.B. No. 858
Substitute the following for H.B. No. 858:
By Turner of Harris C.S.H.B. No. 858
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the release of certain information in vehicle
1-3 registration records of the Texas Department of Transportation and
1-4 driver's records of the Department of Public Safety.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 17A, Chapter 88, General Laws, Acts of
1-7 the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-17A,
1-8 Vernon's Texas Civil Statutes), is amended by adding Subsections
1-9 (c)-(i) to read as follows:
1-10 (c) The department or a county may not release to the public
1-11 information relating to an address of an owner of a vehicle if that
1-12 owner has:
1-13 (1) executed and filed with the department a
1-14 statement, on a form prescribed by the department, that restricts
1-15 public access to that address, specified by city, if any, and
1-16 county;
1-17 (2) provided the county and the department with an
1-18 accurate alternate mailing address, other than a post office box
1-19 number, for public access in the city, if any, and the county in
1-20 this state in which the owner resides;
1-21 (3) consented to accept service of process or other
1-22 notice under the laws of this state at the alternate address; and
1-23 (4) paid to the department a fee of $5.
1-24 (d) The department shall provide each person who applies for
2-1 the registration of a vehicle the opportunity to execute a
2-2 statement that restricts public access under Subsection (c) of this
2-3 section to information relating to an address of an owner of the
2-4 vehicle.
2-5 (e)(1) The department or a county may release to the public
2-6 only the alternate address of an owner who has complied with
2-7 Subsection (c) of this section, except as provided by this
2-8 subsection.
2-9 (2) The department is not prohibited from releasing
2-10 the restricted address of an owner who:
2-11 (A) gives the department an invalid, nonexistent
2-12 or inaccurate alternate address; or
2-13 (B) fails to notify the department of any change
2-14 in the owner's alternate address before the 10th day after the date
2-15 on which the alternate address is changed.
2-16 (f) An owner of a vehicle may at any time revoke an executed
2-17 statement of that owner under Subsection (c) of this section.
2-18 Revocation must be in writing and in a manner prescribed by the
2-19 department.
2-20 (g) The department may adopt rules to administer this
2-21 subsection.
2-22 (h) The department shall remit all fees collected under this
2-23 subsection to the comptroller for deposit to the credit of the
2-24 state highway fund to be used only to defray the costs of
2-25 administering this subsection.
2-26 (i) The department or a county, or an officer or employee of
2-27 the department or a county, is not liable to a person damaged or
3-1 injured by release of information to which public access is
3-2 restricted under this section.
3-3 SECTION 2. Sections 21(j)(3), Chapter 173, Acts of the 47th
3-4 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-5 Civil Statutes), are amended to read as follows:
3-6 (3) The department is not authorized to provide
3-7 class-type listings from the basic drivers' license record file to
3-8 any person or business except as provided by Section 44B(d) of this
3-9 Act<; provided, however, such information may be made available to
3-10 an official of the federal government, the state, a city, town,
3-11 county, special district, or other political subdivision for
3-12 official governmental purposes only>.
3-13 SECTION 3. Article VI, Chapter 173, Acts of the 47th
3-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-15 Civil Statutes), is amended by adding Section 44B to read as
3-16 follows:
3-17 Sec. 44B. RELEASE OF ADDRESS INFORMATION PROHIBITED. (a)
3-18 Except as provided by Section 21(j) of this Act and by Subsections
3-19 (d) and (e) of this section, the department may not release
3-20 information from its driver's license record files that relates to
3-21 the address of an individual if:
3-22 (1) the department's driver's license files contain an
3-23 executed statement of that individual that restricts public access
3-24 to that information; and
3-25 (2) the individual has, in writing:
3-26 (A) provided the department with a valid,
3-27 existing, and accurate mailing address, other than a post office
4-1 box number, in the city, if any, and county in this state in which
4-2 the individual resides to which public access is not to be
4-3 restricted; and
4-4 (B) consented to receive service of process or
4-5 other notice under the laws of this state at that alternate
4-6 address; and
4-7 (C) paid to the department a fee of $5 for the
4-8 initial establishment or change of the alternate address when the
4-9 change of the alternate address is not made in conjunction with a
4-10 renewal of the driver's license.
4-11 (b) The department shall provide written notice to each
4-12 applicant for an original or renewal of a driver's license, a
4-13 personal identification card, or a duplicate or corrected driver's
4-14 license or identification card, that the applicant may execute a
4-15 statement that restricts public access to information relating to
4-16 the address of the applicant.
4-17 (c)(1) An individual who has submitted an executed statement
4-18 under this section shall notify the department of any change in the
4-19 individual's alternate address.
4-20 (2) Notification under this subsection must be made in
4-21 writing before the 10th day after the date on which the alternate
4-22 address is changed.
4-23 (d) The department may make information from driver's
4-24 license record files, including class-type listings, available to
4-25 an official of the federal government, the state, a municipality,
4-26 county, special district, or other political subdivision for
4-27 official government purposes only.
5-1 (e) The department is not prohibited under this section from
5-2 releasing information relating to the address of an individual who:
5-3 (1) gives the department an invalid, nonexistent, or
5-4 inaccurate alternate mailing address; or
5-5 (2) fails to provide the department with the
5-6 notification required by Subsection (c) of this section.
5-7 (f) An individual may at any time revoke the individual's
5-8 executed statement under Subsection (a) of this section.
5-9 Revocation of an executed statement must be made in writing in the
5-10 manner prescribed by the department.
5-11 (g) The department, or an officer or employee of the
5-12 department, is not liable to a person damaged or injured by release
5-13 of information to which public access is restricted under this
5-14 section.
5-15 SECTION 4. This Act takes effect September 1, 1993.
5-16 SECTION 5. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.